Legal Question in Family Law in Florida

Hello, I am currently going through a divorce with one child. I have another child as well. I receive Social Security Disability Benefits and each of my children receive a payment each month as dependants. I am being told by my soon to be ex, that both the children's SSDI payments count as my income when calculating Child support. One of the payments goes directly to my ex for my son with her, the other does come to be, but is in my son's name. I was explained by social security that neither of the children's payments should count as income. Maybe I misunderstood? Please help me to clear this up. Thank you.


Asked on 4/16/15, 5:44 pm

2 Answers from Attorneys
Robert McCall Law Office of Robert McCall

Florida Child Support law says the kids money counts as your income. See DOR v. Wallace, 774 So2d 804

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Answered on 4/17/15, 5:34 am
Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

I disagree with Mr. McCall. Depending on what circuit your case is in, many circuits do not attribute that income to you but instead count the children's dependent benefits as a credit against the child support owed.

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Answered on 4/21/15, 1:33 pm


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